Terms & Conditions

  1. Applicant hereby applies to Bestweld, Inc. (“Bestweld”) for credit.  Applicant or Purchaser authorizes BESTWELD to make reasonable inquiries as to applicant’s credit, not limited to the sources listed on the credit application.

  2. All orders for BESTWELD products are subject to acceptance by BESTWELD at its home office, 40 Robinson Street, Pottstown, PA 19464.

  3. This price sheet establishes current prices and all terms and conditions of sale and is subject to change without notice.  The terms and conditions contained herein shall apply to all subsequent sales until this sheet shall be amended.

  4. Terms – Net cash 30 days or ½% discount for cash payment in ten (10) days from date of invoice.

  5. All shipments are F.O.B. Pottstown, PA.

  6. All accounts are payable in United States funds, free of collection, exchange or any other charges.

  7. The amount of any sales, use, occupancy or excise tax of any kind for which BESTWELD is legally liable, either initially or through failure of payment by Purchaser, shall be added to the prices quoted and Purchaser agrees to pay the same to BESTWELD unless otherwise specifically agreed to in writing.

  8. BESTWELD reserves the option depending on conditions and unless otherwise definitely agreed in writing, to make partial shipments.  Payments for partial shipments are due on the basis of dates of invoices covering them.

  9. BESTWELD is not responsible for delays, defaults, or damages due to any causes whatsoever, beyond BESTWELD’S control including fires, floods, accidents, strikes, embargoes, and governmental action.

  10. Fittings, flanges and other products purchased from BESTWELD cannot be returned without our consent and a return authorization number.

  11. Orders for special fittings or other products are accepted only with the agreement that the Purchaser will pay for work performed, material used, tooling produced, overhead costs, and a reasonable profit in the event of cancellation.

  12. Cancellation of or changes to orders placed with and accepted by BESTWELD may be made only with our written consent.  Upon written request for cancellation or changes BESTWELD will advise the Purchaser of its cancellation charge.

  13. Claims for shortages, etc. must be made within ten (10) days of receipt of material by Purchaser.

  14. WARRANTIES:  ALL EXPRESS OR IMPLIED WARRANTIES OF BESTWELD, INC. ARE EXCLUDED FROM THIS PRICE SHEET EXCEPT AS FOLLOWS: BESTWELD, INC. warrants only that it will replace any items sold hereunder which fail to meet applicable ANSI and/or MSS standards or specific customer specifications within one year after the date of delivery of said items to the Buyer, provided (a) Buyer gives BESTWELD, INC. prompt written notice of any such failure, (b) the items have been installed and/or used as recommended by BESTWELD, INC. and in accordance with recognized engineering and piping practices, and (c) the items have not been subjected to corrosive or abrasive operating conditions deemed to be inappropriate or improper under recognized engineering and piping practices. If material is defective the limit of the damage is the price of the defective material. The Purchaser or any person claiming through the Purchaser shall not be entitled to any additional consequential or incidental damages beyond the refund of the purchase price if the Purchaser is a retailer or commercial user of the product and is not an individual consumer.

  15. BESTWELD expressly disclaims any and all warranties of merchantability or fitness for a particular purpose extending beyond the description on the product.  This limitation of responsibility to the value of the product shipped, applies to special as well as standard products and BESTWELD makes no other warranty, either expressed or implied.

  16. SELLER’S LIABILITY: BESTWELD’S liability in any cause of action arising from manufacturing defects or defective material in the items sold is limited solely to the replacement, free of charge, of such defective items or to the refunding to the Buyer of the purchase price of such defective items, whichever is of less cost to BESTWELD, INC.  BESTWELD shall not be liable in any cause of action for any interruption of operations, loss of profits, or for special, incidental, contingent or consequential damages.

  17. In the event that the Purchaser would hereafter default in payment for any products purchased, on a C.O.D. sale or any credit terms offered to Purchaser by BESTWELD, the Purchaser agrees to pay, in addition to the principal sum due and owing, interest in the maximum amount permitted by law, not to exceed 1.5 percent (1.5%) per month, as well as a reasonable attorney’s collection fee for actual legal services performed not to exceed fifteen percent (15%).  Purchaser further agrees, on default to authorize and empower the Prothonotary or Clerk of any attorney of any court of record to appear for and to enter judgment against Purchaser in such court for such sums as may be then due, with or without declaration, with costs of suit, release of errors, without stay of execution, with all interest, costs and fees due thereon.  The entry of judgment hereunder may be exercised on one or more occasions until the entire debt is paid.

 

Revised: 11/10/16

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